Mother and Niece killed last week

[SharonAdair60]

What is the name of your state? Alabama

My mother and niece were killed on August 1, of this year, by a driver who fell asleep at the wheel. I am terrified that when I go into court, without an attorney, that this man will get off with a slap on the wrist, with the judge saying something like, "Well, we've all driven tired, (people are actually saying this to me!), he didn't mean to do it, he feels really badly, he's punished enough just knowing he's done this...." And his insurance says they are only going to pay $25,000 for each death. My niece was only 11 years old. She would have started school the next day. We are so completely lost and overwhelmed, we don't even know what the first step is......

[enjay]

I'm sorry for your loss. It is tragic.

Still, does this man deserve life in prison for falling asleep at the wheel? No amount of punishment or money is going to bring your loved ones back. And before you ask, yes, I have lost loved ones in accidents caused by other people.

[BelizeBreeze]

Don't worry about the criminal trial. You don't need an attorney. But you can and should speak with the prosecutor about a 'victim's impact' statement at sentencing.

Unfortunately, you have no control over the court.

HOWEVER, you should immediately see a Personal Injury attorney. Because once the criminal trial is over you and the child's parents can file a wrongful death action against the driver AND insurance company.

[SharonAdair60]

Originally Posted by enjay

I'm sorry for your loss. It is tragic.

Still, does this man deserve life in prison for falling asleep at the wheel? No amount of punishment or money is going to bring your loved ones back. And before you ask, yes, I have lost loved ones in accidents caused by other people.

I don't think he deserves life in prison for falling asleep at the wheel, which was his first story, but now that he's "lawyered-up", he has decided that the fault likes with a defective part on his 2004 GMC Canyon. Even though when he got out at the wheel, witnesses heard him saying, "I just drifted off for a few seconds..." I dont' feel he should get nothing ... do you know that littering gets more of a fine than driving on the wrong side of the road? Does this mean that my mom and niece's life is not even worth garbage?

[vtbeard]

First off, let me say that I'm terribly sorry for your losses.

And although this may not relate, I've personally known people that have killed others while driving (DUI) and have gone to jail for about 5 years. Either way they're negligent.

[NRM]

Originally Posted by SharonAdair60

I dont' feel he should get nothing ... do you know that littering gets more of a fine than driving on the wrong side of the road? Does this mean that my mom and niece's life is not even worth garbage?

That's more of a play on words there. Absolutely no one thinks your mom and niece's life is worth less that garbage. And no government or legal system would argue against that. I know you suffered a huge loss and as a person who has also lost a brother to a driver who was not wearing her glasses, I know what you're feeling, but won't tell you I can relate completely because we are all emotionally different.

It's a tragedy what happened, but it did happen and it does happen.

[DGO1223]

Some good points are made here. But.....this man's insurance should have to pay a lot more than a measly 25K ea. in settlement! I realize that won't bring either of them back, still they are worth more than that!

A good lawyer is definitely in order here.